Terms of Use

Terms of Use

Since you are using FIVESTARCHARTS, you understand and comply with the following terms of its use. First, FIVESTARCHARTS provides Investment Opinions only, not Investment Advice. Users need to understand that investing is risky and you need independent advice in addition to opinions provided here. FIVESTARCHARTS is committed to protecting the privacy of the personal information which members provide FIVESTARCHARTS with for fulfillment use. See our PRIVACY POLICY.

This site contains secure sections which require a personal username and password. Each user is solely responsible for his/her username and password. It is the user's responsibility to notify FIVESTARCHARTS if others know this data. FIVESTARCHARTS can block access to your personal file until another username and password have been confirmed.

FIVESTARCHARTS owns the copyright to all proprietary information on this site. Articles, calculators, tools and other data are provided for personal use only. For example, items are not to be resold or passed on gratuitously. If you want to excerpt, redistribute, reproduce, etc for other parties' use, request permission from FIVESTARCHARTS first.

Recommended websites, i.e. links to other sites, are provided for member convenience only and have been developed independently of FIVESTARCHARTS. FIVESTARCHARTS cannot vouch for their accuracy, authenticity, or completeness of their website content or functionality of the user for risk. FIVESTARCHARTS cannot be held liable or responsible for any damages incurred, directly or indirectly, due to such linking.

FIVESTARCHARTS cannot be held liable or responsible for any loss or damages arising directly or indirectly from the use of the FIVESTARCHARTS site and the information contained herein. The information contained in FIVESTARCHARTS is obtained from sources believed to be reliable. Neither the information nor any opinion expressed constitutes a solicitation by us for the purchase or sale of any securities or commodities.

FIVESTARCHARTS’s opinions are distributed with the explicit understanding that FIVESTARCHARTS its publisher or writers cannot be held responsible for errors or omissions. Consult your professional advisor before implementing any techniques/strategies herein.

By agreeing to these terms, Members also:

(1) Accept and realize all the research on marketing timing/ buy sell signals/suggested portfolio/opened positions/blogs and question answers are Opinions only, and FIVESTARCHARTS's opinion may be vastly different than their own.

(2) Agree not to abuse the privilege of asking questions.

(3) Agree not to use foul language or a harassing tone in questions or emails.

Members not abiding by these terms will have their Membership privilege revoked.

By signing up with FIVESTARCHARTS, you agree with our right to change its monthly subscription fee without your consent. However, any change to the monthly subscription fee, members will be notified on our website.

Subscription Cancellation

Please note:
• Upon the commencement of Your initial subscription Your credit card will be billed the applicable subscription fee plus applicable taxes and your paid subscription will commence.
• Monthly Subscribers – If You are a monthly subscriber and you cancel Your monthly subscription, You will NOT receive a refund or reimbursement of Your monthly subscription fee; however, You will not be charged any future monthly subscription fees.

Subscription Renewal

Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription by emailing us at info@fivestarcharts.com

If You do not notify us as described above, the then-applicable monthly fee and taxes for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed).

Please note,
• After Your initial subscription, You will not receive a refund, reimbursement or other credit of Your subscription fee after Your subscription has renewed.

In connection with recurring billing for subscription renewals, You authorize TMC Holdings or fivestarcharts to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including, but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred.

User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.

You also agree that at all times You will:
• Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
• Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
• Maintain and promptly update Your registration data to keep it true, accurate, current and complete.

You expressly agree that under no circumstances is FIVESTARCHARTS responsible, nor will FIVESTARCHARTS be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by FIVESTARCHARTS or its agents from any of its websites.

Limitation of Liability

FIVESTARCHARTS NOR ITS AFFILIATES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY SERVICES USED OR PURCHASED THROUGH FIVESTARCHARTS, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

Indemnification

You agree to indemnify, defend and hold harmless FIVESTARCHARTS / TMC Holdings our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TERMS; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

Termination

FIVESTARCHARTS reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. FIVESTARCHARTS reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of FIVESTARCHARTS , Your membership in monthly subscription in the event You violate the TERMS. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee paid by You.

You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.